Malawi

Overhaul essential elements of Malawi’s adoption laws, high court urges

The Malawian judge who some years ago authorised singer Madonna’s adoption of two girls has now delivered a thorough-going critique of the legislation surrounding adoptions in that country, with strong recommendations for parliament about changes that should be made urgently, to protect the many vulnerable babies who need new homes and families through the adoption process.

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This is a fascinating, multi-layered decision by Malawi high court judge, Fiona Mwale. At one level, there’s the story about the intended adoption and the mini-drama that played out in court over this particular case. But then there’s also her thoroughgoing critique of Malawi’s provisions for adoption, with wide-ranging recommendations to the country’s law-makers, explaining what needs updating and change, and why.

Magistrate stages obscene event as part of rape case; high court orders a retrial

A magistrate in Malawi, who presided over a sordid sexual scene in his office, has been taken to task by a high court judge. Judge Zione Ntaba ordered that the rape trial being heard by the magistrate, and of which the office scene had ostensibly formed part, should start again under a different presiding officer. The behaviour of the initial magistrate has also been reported to the judicial service commission.

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When the parent of a girl who alleged she had been raped by 22-year-old Yusuf Willy went to the high court in Malawi to complain about what had happened in the magistrate’s court trial, it prompted a high court review of events at the earlier hearing.

Judge Zione Ntaba examined the file on the matter, and what she found makes for alarming reading.

Claiming potential conflict, Malawi Law Society wants its members barred from joining specialist law bodies

Malawi’s legal community is braced for a major court battle between the Malawi Law Society (MLS) – it bills itself as ‘the voice of the legal profession in Malawi’ – and two other professional legal bodies, the Corporate Lawyers Association (CLA) and the Commercial Bar Association (CBA). This follows an attempt by the MLS to have the court prevent MLS members from joining the ‘objects and business’ of the CLA and the CBA.

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The Malawi Law Society has tried to persuade the high court to declare that members of the society are not legally allowed to participate in the ‘objects and business’ of the CLA and the CBA.

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